ROBERT L. EHRLICH, JR., Governor

Ch. 258

(I)  THE RESULTING DENSITY ON THE PROPERTY SHALL BE LESS
THAN THE DENSITY ALLOWED UNDER ZONING OF THE PROPERTY BEFORE THE
FOUNDATION PURCHASED THE EASEMENT;

(II)  AN UNRESTRICTED LOT MAY BE SUBDIVIDED BY THE
LANDOWNER FROM THE EASEMENT AND SOLD TO ANYONE TO CONSTRUCT ONE
RESIDENTIAL DWELLING;

(III)  THE SIZE OF AN UNRESTRICTED LOT SHALL BE 1 ACRE OR LESS,
EXCEPT AS PROVIDED IN PARAGRAPH (6) OF THIS SUBSECTION;

(IV)  THE LANDOWNER SHALL AGREE NOT TO SUBDIVIDE FURTHER
FOR RESIDENTIAL PURPOSES ANY ACREAGE ALLOWED TO BE RELEASED, AND THE
AGREEMENT SHALL BE RECORDED AMONG THE LAND RECORDS WHERE THE LAND IS
LOCATED AND SHALL BIND ALL FUTURE OWNERS;

(V)   THE RIGHT TO THE LOT IS TAKEN INTO CONSIDERATION IN THE
APPRAISAL OF FAIR MARKET VALUE AND DETERMINATION OF EASEMENT VALUE;

(VI)  THE LOT CAN BE SUBDIVIDED AT ANY TIME AND THE
LOCATION OF THE LOT TO BE SUBDIVIDED IS SUBJECT TO THE APPROVAL OF THE
LOCAL AGRICULTURAL ADVISORY BOARD AND THE FOUNDATION; AND

(VII) IF THE PROPERTY IS TRANSFERRED BEFORE THE RIGHT TO
EXCLUDE THE LOT HAS BEEN EXERCISED, THE RIGHT MAY BE TRANSFERRED WITH
THE PROPERTY.

[(3)] (4) A landowner may construct housing for tenants fully engaged in
operation of the farm, but this construction may not exceed 1 tenant house per 100
acres. The land on which a tenant house is constructed may not be subdivided or
conveyed to any person. In addition, the tenant house may not be conveyed separately
from the original parcel.

[(4)] (5) Except as provided in paragraph [(5)] (6) of this subsection, on
request to the Foundation, an owner may exclude from the easement restrictions 1
acre per each single dwelling, which existed at the time of the sale of the easement, AS
AN OWNER'S, CHILDREN'S, OR UNRESTRICTED LOT TO WHICH THE OWNER IS
ENTITLED UNDER PARAGRAPH (2) OF THIS SUBSECTION, by a land survey and
recordation provided at the expense of the owner. However, before any exclusion is
granted, an owner shall agree with the Foundation not to subdivide further for
residential purposes any acreage allowed to be released. This agreement shall be
recorded among the land records where the land is located and shall bind all future
owners.

[(5)] (6) (i) The restrictions of paragraphs (2) and [4] (5) of this
subsection concerning maximum lot sizes are altered so that the maximum lot size is
2 acres if:

1. Regulations adopted by the Department of the
Environment require a minimum lot size for a dwelling house of not less than 2 acres
in areas where there is less than 4 feet of unsaturated and unconsolidated soil

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